AGREEMENT NOT TO SUE

This Agreement ot to Sue ("Agreement"') is entered into by and among the

University of otre Dame du Lac (' University"), and those individuals from the list

attached as Exhibit "A" who have executed this Agreement (individually "Client" and

collectively "Clients") ( niversity and Clients are collecti ely the "Parties"). The Clients

were included as part of a otice of Tort Claim (" TC"), tendered to the niversity by

Attorney Thomas Dixon ("Clients' Counsel") on behalf of the Clients.

STATEMENT OF FACTS

In 2009, the University invited the President of the United States to be its Commencement speaker.

B. Clients expressed concerns about this invitation because some of the President's policies are contrary to the fundamental teachings of the Catholic Church.

C. Based upon their sincerely held beliefs, Clients felt an obligation to visit the Campus of the University ("Campus") from on or about May I, 2009 until May 17,2009, the date of Commencement.

D. The University has certain policies relative to protests conducted on its Campus ("Protest Policies").

E. The Clients conducted certain activities on Campus which the University believed violated its Protest Policies.

F. As a result, Clients were arrested on a charge of trespass as defined under Indiana law and criminal charges of trespass as a Class A Misdemeanor were brought in the St. Joseph County, Indiana Superior Court by the Prosecuting Attorney of St. Joseph County ("Prosecutor").

G. During the course of discovery in the criminal proceedings, representatives from the University were subpoenaed to testify, and the University was represented by its General Counsel's Office and outside counsel (collectively "Counsel [or University ') during those proceedings.

H. During the course of these discovery proceedings, Counsel for University and Clients' Coun el have discussed the prospects of reconciliation.

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1. The purpose of this Agreement is to provide a basis for reconciliation before God and a continuing dialogue between the University and Clients.

1. Clients are pro-life activists, who were arrested while engaged in prayerful demonstrations in support of their cause. They are all deeply committed Christians and almost all are Roman Catholics. No damage to person or property arose out of their actions.

K. University is a leading Catholic Institution of Higher Learning and is actively involved in pro-life advocacy and ministry. Many of the University's highest ranking officers, directors, and faculty, along with hundreds of students have committed to regularly attending the March for Life in Washington D.C. alongside several of the Clients. Further, the University is engaged in many other pro-life initiatives, both on Campus, and throughout its expansive Alumni Association network.

L. While it is not within the University'S power to dismis the pending criminal charges, it is the University's position that reconciliation with its brothers and sisters in the faith will be much better promoted and accomplished through settlements of disagreements, than through litigation. Clients share this belief and wish to engage this dialogue with the University as well.

M. 0 further activities by Clients have occurred since May, 2009, either on

Campus or throughout the State of Indiana which would cause anyone of them to be either arrested or cause the University to enforce the 0 Trespass otices which were issued to Clients.

It is the sincere wish of the University and Clients to use this Agreement as the foundation for working together in their common beliefs and activities in support of the sanctity of human life.

O. This Agreement should not be construed as an admission of any liability or wrongdoing by any of the Parties.

Wherefore, based upon the mutual promises and stipulations, the Parties agree as follows:

1. Statement of Facts. The Statement of Facts are incorporated into the

operative provisions of this Agreement as if fully set out herein.

2. Stipulations of University. The University agrees to:

(a) Cancel and rescind all 0 Trespass otices which were issued to Clients. Accordingly, Clients are welcome to visit the University's Campus for all purposes afforded to the general public.

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(b) Communicate to the Prosecutor its support for dismissing with prejudice all criminal charges pending against Clients from the May, 2009 arrests which occurred on or adjacent to Campus under Consolidated Cause o. 71 DO J -0905-CM-03246.

(c) Counsel for the Parties have approved for publication on or after the Effective Date two (2) Press Releases to be distributed contemporaneously to the public. copy of the Press Releases are attached hereto and made a part hereof as Exhibit "B-1" (the " niversity Release") and Exhibit "B-2" (the . Thomas More Society Release" collectively "Press Releases ').

(d) ndertake such other reasonable actions which are necessary in

order to implement the terms and conditions of thi .Agreerncnt.

3. Stipulations of Clients. The Clients shall individually or collectively:

(a) Refrain forever from instituting, pressing, collecting, or in any way acting or proceeding upon any and all claims, judgments, debts, causes of action, suits and proceedings of any kind in the civil law or in equity, which they individually or collectively ever had, now have, or may have against the University, United States of America, State of Indiana St. Joseph County, and the City of South Bend, their officers, employees or their legal representatives, agents, successors, or assigns arising out of the May, 2009 arrests and described in the NTC.

(b) When vi iting Campus, Clients shall follow all rules, regulations, and policies of the University, required of the general public.

(c) Counsel for the Parties have approved for publication on or after the Effective Date two (2) Press Releases to be distributed contemporaneously to the public. A copy of the Press Releases arc attached hereto and made a part hereof as Exhibit "B-1 ,. (the "University Release") and Exhibit "B-2' (the "Thomas More Society Release' collectively "Press Releases")

(d) Undertake such other reasonable actions which are necessary In order to implement the terms and conditions of this Agreement.

4. Mutual Stipulations.

(a) Tn the spirit of reconciliation and a continuing dialogue, no Party to this Agreement, (or his or her Counsel) shall disparage or criticize this Agreement, nor shall any Counsel for the Parties make any

3

comment which is inconsistent with the spirit of this Agreement. However, nothing in this Agreement shall prevent the University or Clients from criticizing or conducting lawful activities off Campus which protest against or criticize policies or actions which conflict with the doctrines of the Catholic faith regarding the sanctity of life.

(b) In no e ent shall the Parties make any public comment regarding this Agreement until after its Effective Date.

5. Effective Date of this Agreement.

(a) This Agreement shall become final and binding only at such time as the Prosecutor dismisses with prejudice ("Dismissal") the pending charges against Clients found in Consolidated Cause o. 71 DO J-0905-CM -03246 pending in the St. Joseph County Superior Court. In the e ent this Dismissal fails to occur before the expiration of the Initial Tolling Agreement reflected in Section 5(b) below, or the expiration of any subsequent Tolling Agreement entered into between or among the Parties, this Agreement shall be void and the obligations of the Parties hereunder shall no longer be binding upon such Parties.

(b) Recognizing the large number of Clients involved in this Agreement, and the intent of the Parties to have as many of the Clients as possible the opportunity to be a Party to this Agreement, the Parties hereby agree to toll any statute of limitations regarding the exercise of any civil remedies to and including June 1, 2011 ("Initial Tolling Agreement"). A further purpose of this Initial Tolling Agreement is to permit the Prosecuting Attorney to fully evaluate the communication between the University and the Prosecuting Attorney contemplated under Section 2(b) of this Agreement. otwithstanding the Initial Tolling Agreement, the Parties shall endeavor to finalize this Agreement at the earliest possible date understanding the Effective Date will be determined by the decision of the Prosecuting Attorney.

6. Miscellaneous. The following general terms are made a part of this Agreement:

(a) This Agreement shall bind, and inure to the benefit of, the Parties and their heirs, personal and legal representatives, and successors and assigns.

(b) This Agreement shall be interpreted by the laws of the State of Indiana, including, but not limited to Indiana Trial Rule 408 and

4

Federal Rule of Evidence 408, and any venue for any action related to this greement shall be in the St. Joseph County, Indiana Courts.

(c) Any Parties' failure to enforce any of its rights or remedies upon the other Parties' breach of any of the covenants, terms or conditions of this Agreement shall not be deemed a waiver of those rights or remedies, nor shall its failure bar or abridge any of its rights or remedies upon any subsequent default.

(d) If any stipulation, term or condition of this Agreement is held invalid or unenforceable by a court, the remaining stipulations, terms or conditions shall not be affected by such an occurrence. Each stipulation , term and condition of this Agreement shall be gi en effect and enforced against the breaching Party to the fullest extent permitted by law.

(e) This Agreement constitutes the ntire Agreement between the Parties and may not be modified except in writing, signed by both Parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either Party except to the extent incorporated in this Agreement.

(f) The undersigned persons executing and delivering this Agreement on behalf of each Party represent and certify that (i) they freely and voluntarily have executed this Agreement after having read and understood its terms and, in the case of Clients, with the assistance as needed of Clients' Counsel; (ii) they are duly authorized with authority to execute this Agreement; (iii) they have the full legal right, power and authority to enter into this Agreement and to grant the rights and perform the obligations contained herein; (iv) to the extent any third party consent or approval is required to grant such rights or perform such obligations hereunder those third party consents or approvals will be obtained, but each Party may rely on this Agreement as a valid and binding obligation, enforceable in accordance with its terms.

(g) This Agreement may be executed in counterparts, each of which when taken together shall constitute one and the same instrument.

(h) This Agreement may be executed by facsimile or other electronic means which hall be regarded for all purposes as an original

signature.

5

UNIVERSITY OF OTRE DAM

By: _

Marianne Corr

Vice President and General Counsel

DIXO ,WRIGHT & ASSOCIATES, P.c.

Thomas M. Dixon 55255 Birchwood Court Osceola, Indiana 46561 Attorney for Clients

The following attorneys, who are not at this time representing the clients in the potential civil claims which are the subject of this Agreement but are admitted pro hac vice only in the pending criminal cases to which this Agreement refers, sign this Agreement only to express their assent to the provi ions in Sections 4 (a) and (b) regarding public comment and publicity

concerning this Agreement.

Thomas Brejcha Thomas More Soci ty

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Peter Breen

Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Christopher Ferrara

American Catholic Lawyers ssociation 420 U.S. Highway Route 46, Suite 7 Fairfield, ew Jersey 07004

Attorney for Clients

6

UNIVERSITY OF NOTRE DAME

By: ilia,),. 0/\ vrlvt G l \._ Marianne Corr

Vice President and General Counsel

DIXON, WRIGHT & ASSOCIATES, P.e.

Thomas M. Dixon 55255 Birchwood Court Osceola, Indiana 46561 Attorney for Clients

The following attorneys, who are not at this time representing the clients in the potential civil claims which are the subject of this Agreement but are admitted pro hac vice only in the pending criminal cases to which this Agreement refers, sign this Agreement only to express their assent to the provisions in Sections 4 (a) and (b) regarding public comment and publicity

concerning this Agreement.

Thomas Brejcha Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Peter Breen

Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Christopher Ferrara

American Catholic Lawyers Association 420 U.S. Highway Route 46, Suite 7 Fairfield, New Jersey 07004

Attorney for Clients

UNIVERSITY OF OTRE DAME

By: _

Marianne Corr

Vice President and General Counsel

DTXO ,WRIGHT & ASSOCI TES, P.c.

~ 41d;;,.) (U'h/r-7)

Thomas M. Dixon 55255 Birchwood Court Osceola, Indiana 46561 Attorney for Clients

The following attorneys, who are not at this time representing the clients in the potential civil claims which are the subject of this Agreement but are admitted pro hac vice only in the p nding criminal cases to which this Agreement refers, sign this Agreement only to express their assent to the provisions in Sections 4 (a) and (b) regarding public comment and publicity

concerning this Agreement.

Thomas Brejcha Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Peter Breen

Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Christopher Ferrara

American Catholic Lawyers Association 420 U.S. Highway Route 46, Suite 7 Fairfield, ew Jersey 07004

Attorney [or Clients

UNIVERSITY OF NOTRE DAME

By: _

Marianne COIT

Vice President and General Counsel

DIXON, WRlGHT & ASSOCIA TES, P.c.

Thomas M. Dixon 55255 Birchwood Court Osceola, Indiana 46561 Attorney for Clients

The following attorneys, who are not at this time representing the clients in the potential civil claims which are the subject of this Agreement but are admitted pro hac vice only in the pending criminal cases to which this Agreement refers, sign this Agreement only to express their assent to the provisions in Sections 4 (a) and (b) regarding public comment and publicity

concerning this Agreement.

~ "tk

Thomas Brejcha ~

Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603

Attorney for lients

P erBreen

Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Christopher Ferrara

American Catholic Lawyers Association 420 U.S. Highway Route 46: Suite 7 Fairfield, New Jersey 07004

Attorney for Clients

04/27/2011 23:44

9732286474

UNIVERSITY OF NOTRE DAME

By:

~--~--------------------

Marianne Corr

Vice President and General Counsel

CA FERRARA

PAGE 01/01

DIXON, WRlGHT & ASSOCIATES, P.C.

Thomas M. Dixon 55255 Birchwood Court Osceola, Indiana 46561 Attorney for Clients

The following attorneys, who are not

time representing the clients in the pol ntial civil claims which are the subject 0 this Agreement but are admitted pro hac vice only in the pending criminal cases to Which this Agreement refers, sign this Agre 'ment only to express their assent to the provisions in Sections 4 (a) an (b) regarding public comment and pu icity

concerning this Agreement.

Thomas Breicha Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603 Attorney for Clients

Peter Breen

Thomas More Society

29 S. LaSalle Street, Suite 440 Chicago, Illinois 60603

Attorn Clients

Christopher Ferrara

American Catholic Lawyers Associati n 420 U.S. Highway Route 46, Suite 7 Fairfield, New Jersey 07004

Attorney for Clients

Thomas More Society Press Release (Exhibit B-2)

Today, Michael Dvorak, St. Joseph County, Indiana prosecutor, dismissed the criminal trespass charges that he has pressed over the last two years against almost all of the" D88," the individuals arrested for trespass when they entered upon otre Dame's campus in peaceful and prayerful protest against the University's bestowing honors on President Barack Obama at the 2009 Commencement. Dvorak dropped the charges as part of an agreement between the Thomas More Society and the University.

"This is a big step forward and a victory for the pro-life cause," said Tom Brejcha, president and chief counsel of the Thomas More Society and a 1965 Notr Dame graduate. "We are appreciative of the steps that otre Dame has taken, including successive visits by University President John Jenkins, C.S.C., and other campus leaders to the March for Life in Washington, D.C., both in 2010 and 2011, to mark the anniversary of Roe v. Wade, and the creation of new and significant pro-life initiatives on campus. Those who share pro-life convictions may differ on tactics and approaches, but they best serve their sacred cause when they work together to secure the common good for all human beings, born and unborn alike, rather than carrying on as courtroom antagonists."

Tom Dixon, South Bend, Indiana attorney and Thomas More Society pecial counsel, had led the defense over the last two years, during which the parties engaged in vigorous litigation, including extensive discovery proceedings.

The parties remain in profound disagreement over the 2009 Commencement, but after prayerful consideration they have decided to put their differences behind them, to cease battling in court, and rather to affirm a commitment to the fundamental proposition that each and every

human life is sacred, from conception until natural death, no matter whether rich or poor, humble

or exalted, wanted or "unwanted."

Moreover, both parties have pledged not to rehash the events of the past, but on the contrary, to recognize each other's pro-life efforts and to work together to find ways to increase those efforts and maximize their impact on the nation's contentious, ongoing debate over abortion policy.

American Catholic Lawyers Association Press Release (Exhibit B-2)

South Bend - American Catholic Lawyers Association President Christopher Ferrara announced that all pending criminal charges against the "Notre Dame 88" represented by the ACLA were dismissed with prejudice by the S1. Joseph County, Indiana Prosecutor. The dismissals were requested by the University of otre Dame as part of the joint efforts of the University and the D 88 to reconcile and pledge to move forward together for the sake of the faith and the pro-life cause.

"I wish to thank Christopher Ferrara and the ACLA for their invaluable assistance in the criminal matters which are now definitively resolved," said Tom Dixon, who was lead counsel in the criminal cases, and who, along with attorneys from the ACLA and the Thomas More Society in Chicago, negotiated this outcome on behalf of the D 88.

"ACLA's attorneys were honored to assist Tom Dixon and TMS attorneys Tom Brejcha and Peter Breen in bringing these important cases to a successful conclusion, and I look forward to working with them in other pro-life matters in the future," said Ferrara.

Draft Release

May xx, 2011

Statement from Notre Dame President Father John Jenkins on the dismissal of charges against the May 2009 protesters

The following statement from Rev. John I. Jenkins, C.S.C., president of the University of Notre Dame, is in response to the St. Joseph County Prosecutor's Office dismissing charges against many protesters who were arrested for trespassing on Notre Dame's campus in May 2009:

"I am sincerely pleased that the charges against most of those who were arrested on our

campus in May 2009 have been dismissed.

"From the start, everyone involved in this difficult matter has been in complete accord on the sanctity of human life, and we all remain committed to continuing our work to support life from conception to natural death.

"I am grateful to St. Joseph County Prosecutor Michael Dvorak and St. Joseph County Superior Court Judge Michael Scopelitis and their staffs for their patience and professionalism in handling this matter."